[LucyT]

.

"There is an absolute bar to impeachment of Barry. Eligibility to hold a political office is unlike procedural errors in the conduct and certification of an election. General procedural errors are merged in the certified result--ineligibility to hold the office is a bar to action in the office.

"The actions in office of an individual who moves into the office who is not eligible to hold the office are void--he doesn't hold the office.

"Same for impeachment. He doesn't hold the office, therefore he cannot be impeached.

"He was born outside the United States under circumstances which did not result in his citizenship at birth. Therefore, whatever the Court might hold Natural Born Citizenship might mean, Barry doesn't have it because he was not a citizen at all.

"Therefore ineligible; therefore impeachment barred.

"The correct procedure for eviction? Convene a joint session of Congress; reopen the Certification proceedings for the 2008 and 2012 elections; appoint a joint Judiciary Committee of the House and Senate to report back to the Joint Session on Barry's eligibility at a date certain; report that he was not eligible; and reverse the certificate of his election under the twentieth amendment."

Thanks, David.

[WildHighlander57]

Has anyone tried this approach?

[Seizethecarp]

“He was born outside the United States under circumstances which did not result in his citizenship at birth.”

LucyT:

IIRC Federal Judge Carter in 2009 stated in dicta in Orly’s case that if a foreign certified BC was presented in his court he would give deference to any US state certified BC, such as (he assumed) Barry’s HI BC to be. This is what the Federal Rules of Evidence require, IIRC.

For David’s totally hypothetical to hold, the HI BC for Barry and Barry’s identity associated with that BC would have to be impeached in federal court, I would expect, or in some House and/or Senate equivalent procedure.

Only then would a foreign BC and identity for Barry be allowed to overturn the HI BC and identity and threaten Barry’s presidency. Mind you, IANAL!

[PGalt]

Thanks for the FReepmail/ping; thread; post. Very good thread. GRRRRREAT call in post #16, kidd.